On rehearing, the First Circuit vacated the BIA’s decision and remanded, holding that under Moncrieffe v. Holder the petitioner’s 2006 Maine conviction for assault was not a “crime of violence,” and thus, the petitioner was eligible to seek cancellation of removal.

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Applying the U.S. Supreme Court’s decision in Mathis v. United States, the Fifth Circuitvacated the BIA’s judgment and remanded, holding that the petitioner’s prior Texas misdemeanor assault conviction did not qualify as a “crime involving moral turpitude” that rendered him ineligible for cancellation of removal.